TERMS OF REFERENCE

advertisement
TERMS OF REFERENCE: INDIVIDUAL CONSULTANT
(INSERT NAME OF PROJECT)
1. GENERAL INFORMATION
(INSERT COMPANY NAME) is looking to support the development of a (INSERT
NAME OF PROJECT) for the construction and operation of (INSERT TYPE OF MINE
OR PIPELINE PROJECT) by (INSERT COMPANY/PARTNER NAME).
The objective of the CPMP is to develop a mechanism and build the capacity of project
affected communities for their participation in the monitoring of the Company's social
and environmental performance during the construction phase of the Project. While the
CPMP will be based on international best practice, it will be designed to be culturally
appropriate and build capacity to ensure that community monitors are confident in their
ability to use the instruments to conduct audits and communicate accurate and timely
information to the project affected people and public at large.
The Company is currently procuring the services of a local Contractor (consulting
firm/academia/NGO) to undertake a scoping assessment for the proposed CPMP. The
scoping phase, among other things, will develop recommendations on the appropriate
monitoring mechanism, associated management and communication structures, and
capacity building program for local communities, as well as develop relevant training
materials, monitoring plans, field manuals, and an information database.
To aid in the design of the CPMP and provide advice on international best practice,
(INSERT COMPANY NAME) is seeking to hire an international expert (the Consultant)
who will provide high level support and advisory services to the Company and the
successful Contractor. In addition, the Consultant will develop a learning product for
(INSERT COMPANY NAME) in the area of third party monitoring based on this
assignment and lessons from his previous engagements.
2. PROJECT BACKGROUND
(INSERT COMPANY NAME) will construct and operate a (INSERT TYPE OF
PROJECT) (the Project) which will consist of two (OR MORE) parts: (1) (INSERT
DESCRIPTION); and (2) (INSERT DESCRIPTION).
(INSERT BACKGROUND DESCRIPTION/CONTEXT)
3.
OBJECTIVES OF THE ASSIGNMENT
The main objectives of this consulting assignment are: 1) (INSERT DESCRIPTION);
and 2) (INSERT DESCRIPTION).
_________________________________________________________________________________________________
4.
SCOPE OF WORK
Task 1: Documentation Review and Field Trip
The Consultant is expected to start the assignment by undertaking an initial field trip to
the Company’s site to conduct relevant consultations with the Company’s personnel and
the selected Contractor. Based on this initial trip, the Consultant will make his
recommendations as to his timetable to undertake the activities described there under.
Prior to this trip, the Consultant will undertake the review of the Project materials and
complete a preliminary research on the existing experiences in third party monitoring
programs. The research will aim to determine:
 The existence of similar models;
 Main achievements of such models; and
 Key challenges faced by these models.
Task 2: Expert advice and support during the scoping phase
In support of the scoping phase of the CPMP, the Consultant will be responsible for
providing advice and recommendations as needed to the Company and the Contractor and
more specifically in the following areas:
a. The management structure for the CPMP: requirements for the scale and
complexity of the intervention and for effective decision making
processes. Because participatory monitoring process assumes the
independent nature of the actors who carry out the monitoring activities,
an emphasis should be placed on putting in place the necessary processes
that assure this principle and also allow the actors involved to reflect on
their observations and assessments, adapt their activities accordingly, and
deepen their dialogue with one another. Development of relevant
documentation that would define roles and responsibilities and thus help
manage expectations will be important for these processes to function
effectively;
b. The determination of monitoring areas, size and composition of
monitoring units and their representativity of the project affected
communities;
c. The delivery of the administrative workshops;
d. The training plan: ensuring that capacity building program for the
community monitors is in line with the existing capacity and that
appropriate level of resources (time, staff, etc.) is secured to undertake it;
e. The compensation scheme for the community monitors (if such is needed);
f. The communication strategy: ensuring that the processes for
communicating the findings of the community monitors are sound and
allow for the incorporation of inputs from various stakeholders.;
g. The monitoring plan, field manual and database: ensuring that there is a
monitoring and evaluation framework put in place including relevant
qualitative and quantitative indicators, targets, and milestones. The
_________________________________________________________________________________________________
objective of the monitoring and evaluation framework is to feed the
relevant information on the CPMP performance into the decision making
process and to allow the Company identify its successes and improve , as
well as monitor the program performance against the targets
h. Exit strategy: Ensuring that there is a sound exit strategy for the CPMP
program. The exit strategy should look at the various ways to
institutionalize the participatory monitoring process, potentially involving
the trained community monitors in other projects and/or ensuring that
there is a mechanism to ensure sustainable flows of information to and
from the communities on the issues important to them. This strategy
should also assess potential financial mechanisms to sustain the process in
the long run e.g. creation of trusts funds, etc.;
i. Facilitation of a workshop that would follow the submission of a findings
report (to be prepared by a local Contractor) with recommendations on the
design of the (INSERT NAME OF PROJECT) program. The objective of
the workshop will be for (INSERT COMPANY NAME), the Contractor
and identified local stakeholders to jointly review the scoping analysis and
recommendations, and agree on the potential contributions, as well as the
roles and responsibilities of each party going forward.
j. Following the workshop, support in design and delivery of a formal
workshop and/or a series of workshops to local stakeholders with the
objective to discuss and agree on the proposed design of the (INSERT
NAME OF PROJECT) as well as secure understanding and agreement on
the roles and responsibilities of each party going forward.
It is envisioned that at least (INSERT NUMBER OF TRIPS) of (INSERT NUMBER OF
DAYS) will be required during this stage. The Company has agreed to provide (INSERT
DONOR IF APPLICABLE) and consultants with all information on the Project necessary
for the scoping phase.
The outputs of this phase will consist of brief back-to-office reports (BTORs) for each
trip detailing the Consultant’s advice/inputs to the process including in the areas listed
above, as well as a final summary report providing an overview of the service provided
and an assessment of the value added to the Contractor’s outputs.
Task 3: Learning product development
(INSERT DONOR IF APPLICABLE) thus seeks to develop a manual that will provide
guidance on critical success factors and challenges, as well as recommendations and tools
for third party monitoring programs with a specific focus on replicability and
sustainability. This manual shall include a number of templates/checklists/visuals that can
be used by project managers.
5.DELIVERABLES
_________________________________________________________________________________________________
The short-term consultant will deliver the following:



A suggested timetable for site visits and interactions with the Company, the
Contractor and affected communities.
A series of BTORs detailing the Consultant’s inputs to the scoping phase and a final
summary report and assessment of services rendered;
A PCMP manual (not more than 25 pages long) covering the following:
- Literature Review on existing third party monitoring programs;
- Analysis of successes and failures of third party monitoring programs;
- Guidance to designing and implementing a Third Party monitoring project
(design process, critical factors, limitations and challenges, etc.);
- Case study;
- Lessons Learned;
- Conclusions and Recommendations.
6. SCHEDULE
This assignment is expected to require about [insert number] working days over a period
of (INSERT TIMEFRAME), starting in (INSERT MONTH AND YEAR).
The schedule shall be determined in discussions with the Company and the Contractor
and will depend on the construction schedule and other technical.
7. REPORTING
1. The Consultant will report directly to (INSERT SUPERVISOR NAME AND
CONTACT INFORMATION) who will supervise the assignment.
2. All reports are to be written in English. The Consultant will provide an electronic
version of all the required deliverables. The reporting will be completed in form and
substance acceptable to (INSERT NAME OF COMPANY).
8. QUALIFICATIONS
The successful candidate will have the following qualifications:


The selected candidate will have an advanced degree in anthropology, environmental
and/or social sciences with a minimum of 10 years of relevant experience - preferably
but not exclusively in developing countries - with a comprehensive and in-depth
expertise in development, implementation and assessment of Environmental, Social,
Health and Safety Management Systems (ESHS-MS);
Strong knowledge of principles and processes of auditing, conducting environmental
and social impact assessments;
_________________________________________________________________________________________________





Experience working with a wide spectrum of commercial and industrial businesses,
but particularly oil and gas enterprises;
Knowledge and experience in working with community organizations and developing
and facilitating training programs and multi-stakeholder dialogues for communities,
NGOs and other local stakeholders. Experience with promoting participatory
monitoring and evaluation techniques is highly desirable;
Demonstrated professional leadership and ability to coordinate a team of
professionals in the implementation of major development efforts;
Capacity to think creatively in dealing with policy and operational issues while
maintaining a strong client and results orientation;
Strong written and oral communication skills, demonstrated ability of making
effective presentations to diverse audiences. Fluency in English essential; knowledge
of Spanish desirable.
9. CONFIDENTIALITY STATEMENT
All data and information received from (INSERT COMPANY NAME) for the purpose of
this assignment are to be treated confidentially and are only to be used in connection with
the execution of these Terms of Reference. All intellectual property rights arising from
the execution of these Terms of Reference are assigned to (INSERT COMPANY
NAME). The contents of written materials obtained and used in this assignment may not
be disclosed to any third parties without the expressed advance written authorization of
the (INSERT COMPANY NAME).
SCOPE OF WORK
ANNEX 1
PARTICIPATORY SOCIAL AND ENVIRONMENTAL MONITORING PROGRAM
1.
GENERAL
(INSERT CONTEXT/BACKGROUND)
2.
OBJECTIVES OF THE PARTICIPATORY MONITORING PROGRAM
The participatory social and environmental monitoring program will provide an
opportunity for Project Affected Peoples to participate in the monitoring of
_________________________________________________________________________________________________
(INSERT PROJECT NAME) social and environmental performance during the
construction phase of the project.
Participatory monitoring will augment the efforts of (INSERT PROJECT NAME)
and other stakeholder monitoring efforts to verify the implementation of the
Project’s Environmental, Social, Health and Safety Management System (ESHSMS). It will also determine the Project’s ESHS performance. Community
participation will validate information about all Project monitoring activities and
ensure it is effectively communicated to the project affected peoples and the
public at large.
The specific objectives of this program are to create a best practice third party
monitoring system that:

implements an independent mechanism for the legitimate and
transparent participation of the project affected peoples in the Project’s
ESHS monitoring processes;

provides a means for open communication about the Project’s
environmental and social performance;
 provides the knowledge and skills required by the project affected
peoples to monitor and evaluate the Project against documented
environmental and social commitments;
 ensures the Project’s management of the issues and concerns of the
project affected peoples are monitored by representatives of the
project affected peoples;
 encourages project affected peoples participation in the review and, if
necessary, refinement of ESHS mitigation measures during
construction of the project facilities;
 provides (INSERT PROJECT NAME) with an effective means of twoway communication between the Company and the project affected
peoples; and
 promotes trust and good will between (INSERT PROJECT NAME) and
the project affected peoples.
3.
SCOPE OF SERVICES
3.1
Participatory Social and Environmental Monitoring Program
It is envisaged that the participatory social and environmental monitoring
program will be undertaken in well defined areas along the RoW based on
distinct ecological and/or socio-economic units.
Task 1 – Determine Monitoring Areas
_________________________________________________________________________________________________
Based on existing social and environmental data, recommend an appropriate
number of ecological / socio-economic monitoring units along the right of way for
discussion and agreement with (INSERT NAME OF GOVERNMENT MINISTRY
COUNTERPART).
Upon agreement of the ecological / socio-economic monitoring units, recommend
an implementation schedule that is aligned with the construction schedule
through each monitoring group area.
Task 2 – Hold Administrative Workshops
In agreement with (INSERT COMPANY NAME) and Community Leaders, hold
workshops with representatives of the project affected peoples in each
monitoring unit area. Learn about their interests and concerns about the
(INSERT PROJECT NAME) and confirm their community structures.
Specifically, the workshops will result in:
 An understanding of the environmental perceptions held by the project
affected peoples in relation to large development projects and specifically
(INSERT PROJECT NAME);
 An understanding of the external actors (private, public, non-governmental
organizations, and religious institutions, etc.) with influence or interest in
the communities and the environmental topics of social significance;
 The identification of the most significant environmental and social
concerns of the project affected peoples within each monitoring group
area;
 The identification of the most effective means for providing results and
other feedback from the monitoring groups back to their communities; and,
During the workshops, the Contractor should clearly explain the process to be
followed for organizing the monitoring program from forming the monitoring
committees through selecting monitors and training them to preparation of the
Monitoring Plan for execution.
Task 3 – Submit Findings Report
The Findings Report will present the social and organizational structures of the
project affected communities along the pipeline RoW that will be participating in
the monitoring program. The report shall include:
 Summary about the organizational structure, representatives and
the roles and responsibilities of the monitoring committees
_________________________________________________________________________________________________
 Environmental perceptions held by the communities
 Social perceptions held by the communities.
 Description of the external actors (private, public, nongovernmental organizations and religious institutions) with influence
or interest in the communities and environmental topics of social
significance.
 Recommendations to address perceptions with the project affected
peoples before they become unduly alarmed.
 Identify effective communication mechanisms for providing results
from the monitoring program back to the project affected peoples.
 A summary of key aspects of the monitoring program and how
major challenges will be overcome.
 Summary of the workshops, meetings and visits carried out to as
part of the planning and execution of the monitoring program. Note:
meetings and workshops must have completed sign-in sheets and
be documented using photographs and video.
 In the costal region monitoring committees members will be
selected from the existing environmental and social organizations
supported by the local populations.
 For the (INSERT REGION NAME) proposed monitoring committees
members with participants from the majority of communities and
annexes.
 Proposed list of monitors with documentation that these individuals
have the support from their respective communities or
organizations.
 Draft monitoring instruments and forms that have been presented
and validated with the communities during the workshops.
 Communication methodology between communities, organizations,
committee,
monitors
and
(INSERT
PROJECT
NAME)
representatives.
The Finings Report shall be submitted to (INSERT PROJECT NAME) for
approval as a precursor to commencing the establishment of the Monitoring
Committees.
Task 4 - Create Organizational Structure
Based on the information gathered during the workshop, the successful
Contractor will work with the project affected peoples to create an effective and
representative organizational structure for the monitoring committee in each
area. Committee members will be selected by the communities and
_________________________________________________________________________________________________
organizations. The roles and responsibilities of the monitoring committees shall
be agreed with their members.
Task 5 – Identify Monitoring Representatives
When established, the monitoring committees will select individuals to perform
the monitoring on their behalf using transparent methods. Any candidate for the
role of monitor must be widely accepted and trusted by as many of the
communities and annexes in their area as possible. The monitors must also be
willing and able to:
 be open minded and pragmatic;
 learn about recognized monitoring techniques;.
 evaluate project performance against documented commitments;
 record data in an accurate, timely manner;
 communicate findings in a factual manner to the project affected
peoples; and
 articulate their observations and community concerns to the Project.
Task 6 – Develop Training Plan
The Training Plan shall include the project affected communities and monitors. It
will be discussed with communities, organizations and relevant stakeholders to
agree on the methodology and approach, schedule, topics to be taught, and
teaching instruments, etc. The plan shall also include
 Methodology for each course
 Proposed instructors for each course
 Syllabus for each course
 Training course in PowerPoint and additional tools to be utilized
 Tentative schedule for training in each community
 Logistics needed
Project affected peoples will receive awareness training program to ensure the
communities understand the aims of the (INSERT PROJECT NAME) ESHS
Assurance Plan and the importance of community monitoring to the Project. It
will also describe the monitoring committee selection processes and provide
recipients with a general understanding of the concepts behind environmental
and social monitoring.
Training for monitors will consist of specific training on (INSERT PROJECT
NAME) ESHS Assurance Plan and internationally accepted tools and concepts of
_________________________________________________________________________________________________
environmental and social monitoring, including report writing.
Practical
workshops will be held to help participants develop materials for use during the
monitoring. Practical training should also be provided and include role playing
and initial monitoring under close supervision. Contractor’s mentors will also be
required to answer technical questions in a manner that is interesting and easily
understood by the monitors while observing construction.
The Training Plan will be subject to approval by (INSERT NAME OF
COMPANY). Once training is carried out in each participating community a
summary report will be prepared to describe community participation and
findings, including:
 Documentation showing workshop execution. All meetings and
workshops shall be documented with sign-in sheets, photographs,
video
 Detailed information about the outcomes of the training workshops
and the readiness of participants to undertake the monitoring program.
Task 7 – Develop Communication Strategy
The successful contractor shall recommend the communication strategy to be
used during the monitoring program to collect and disseminate information about
the Project and to share the results of the monitoring program. The strategy will
consider several methods such as posters, brochures, internet, radio
announcements, workshops, offices located in the area, etc. This should be
determined on a community by community basis. (INSERT COMPANY NAME)
will be responsible for implementing the communications strategy.
Task 8 – Develop Monitoring Plans, Field Manual and Database
Contractor shall provide mentors to assist the monitors while they develop their
Monitoring Plan and help them to address the participatory mechanisms that are
specific to the project affected peoples in their monitoring unit. The Plan must
prioritize the issues of greatest concern to the project affected peoples in their
area, and may include any of the topics covered in the ESIA, Commitment
Registers or the Project’s Environmental and Social Management Plans. The
Monitoring Plan must have an efficient, versatile, robust, and user-friendly
monitoring method. The plan must also specify the:
 Frequency of monitoring;
 Procedures/records to be used;
 Communication processes during the monitoring, including recording
noncompliance’s, grievance procedures and reporting requirements;
and
 Roles and responsibilities of the monitors.
_________________________________________________________________________________________________
If desired, the monitors may, with the assistance of the Contractor’s mentors,
consider how to include the participation of other key Stakeholders (IDENTIFY
KEY STAKEHOLDERS) in their monitoring program.
The contractor shall produce a field manual to be used by all field monitors
during their field activities. It shall be presented in an easy to read style and
should be brief (10,000 words maximum). The manual shall be illustrated to
make it more clear and attractive to the readers. The manual should be serious in
tone, but clear and easy to read so that the monitors can find guidance, remind
themselves of correct procedures and interpretation of results. This manual shall
be developed (INSERT LANGUAGE) and be presented to (INSERT COMPANY
NAME) for review and approval. Emphasize the need for monitoring to look at
performance against commitments. Anything else should be written up as an
observation, not non-compliance.
The Contractor shall implement and manage a geo-referenced database to enter
and manage all information gathered as part of the monitoring program; this data
shall transferable into the (INSERT COMPANY NAME) GIS system. This shall
include entering data and producing reports.
4.
METHODOLOGY
The community monitoring program must be based on internationally accepted
monitoring methods but be flexible and user-friendly. The monitors themselves
must feel comfortable with this program and be confident in their ability to use the
instruments to communicate accurate and timely information.
In addition, coordination throughout all the monitoring activities between the
Contractor, (INSERT PROJECT NAME) and the company in charge of
construction of the pipeline is required.
Literature and other media intended for the social monitors must be clear and
understandable.
5.
SCHEDULE
The participatory social and environmental monitoring will take place during the
construction phase of the Project at a frequency to be agreed between (INSERT
NAME OF COMPANY) and the affected community groups. The frequency of
monitoring may become less frequent over time depending on the performance
of the project and the need to verify implementation of any corrective actions.
The schedule shall be determined by the Contractor from a technical and
scientific point of view and taking into consideration information reviewed
including the construction schedule. The following schedule is provided as
guidance:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
Download